A General Warranty Deed, or simply a Warranty Deed, is a document used in real estate to legally hand over title & ownership of a property from one party (grantor) to another (grantee)—usually in exchange for money—although that’s not always the case (but more on that later!)
Buyer Protection
A general warranty deed offers the highest level of protection to buyers from defective titles or unwanted financial or legal liabilities. Not surprisingly, then, it’s a popular type of deed in real estate deals involving two strangers, whether they’re individuals or businesses.
Unlike a limited warranty deed, however, a general warranty deed comes with an assurance (from the grantor) that there are no outstanding liens or mortgages on the property, and there will be no future claim to the title. This warranty extends to the entire history of the property, and not just the duration for which the seller owned the property (which is the case with Grant Deeds – read more about Grant Deeds here).
When Do You Sign One?
Signing a general warranty is the last part of a real estate transaction. Mostly, it is signed before the title is officially transferred and the money leaves escrow. Once delivered to the grantee during the closing of the sale, it conveys the property fully and finally to the buyer (or grantee).
What We Bring to the Table
This general warranty deed template includes the legal and transactional elements needed for a valid, effective transfer. Use our built-in sections and checkboxes to add required details and signatures so you can execute your property transfers correctly.
Important: Property deeds rely on precise legal wording. Our preformatted template gets you most of the way there, but you should have a licensed attorney vet the final document for compliance with your state’s laws, including any required phrases or formats. Trust when we say this, some state courts can be very specific when it comes to such details!
Template at a Glance
All our property deed templates are:
- Adaptable to the unique legal, contractual, or transactional needs of your property sale or transfer!
- Available in various formats, including Microsoft Word, PDF, Google Docs, and other cloud-based platforms
- Adjustable text, checkboxes, and lined spaces
- Customizable font style, size, color, and other formatting elements
- Printable for completion by hand, if preferred
A Practical Guide to Filling a Premade General Warranty Deed
Here’s a quick, practical guide on how to fill out the typical sections of a General Warranty Deed:
Grantor & Grantee Details
Tell the world who is granting the property to whom.
Carefully add the personal details of both parties, the grantor and the grantee. This means…
- Inscribing their full legal name, as it appears on government ID, such as a passport or a driver’s license.
- Identifying their legal status: natural person or a legal entity, say, a business, trust or charity.
- Inserting their updated contact details—as in current postal address and county/state of residence.
Always double-check with government-issued identification documents to avoid any delays or confusion stemming from a silly spelling error or a slightly amiss zip code!
The Consideration Clause: How Much Did You Pay For It?
Even though a general warranty deed is not a bill of sale or a receipt of the transaction as such, it is standard to refer to the financial consideration paid to the grantee. In other words, specify the exact sum of money paid by the grantee to the grantor to buy title & rights to the property.
But what if the transaction is not a commercial sale? Say, you are gifting the property to a loved one or trading it in for another piece of land or financial asset? Maybe you’re just feeling generous and want to donate to a charity. Do you still have to include this section?
Technically, yes. But you can simply add a nominal token payment. In most states, a $10.00 amount is used. These amounts are not meant to reflect market value—they’re legal placeholders showing that something of monetary value was exchanged, even if it’s purely symbolic.
Description of the Property
In the space provided, add a legal description of the property to ensure proper documentation and for record-keeping purposes. Make sure you:
- Specify whether the property is residential, commercial, or undeveloped land.
- Add the complete physical or postal address of the property (including street number, building or unit number, and zip code).
- For large parcels of land, add extra details such as geographic coordinates, property boundaries, and sewer lines.
Having an accurate legal description of the property is important for multiple reasons. It…
- Ensures the property can be easily identified and traced in official land records
- Is required for mailing notices such as tax bills, HOA notices, etc.
- Reduces the chances of boundary disputes and survey errors during sales, refinancing, or construction
- Meets lender, title company, and court requirements for a valid and enforceable property transfer
Prior Instrument Reference
Every piece of property has a legal paper trail showing when and where, in the past, it changed hands through multiple owners & deals. It’s like telling the new person or any other interested party, ‘Here’s where you can find the property in the government’s land records.’
This section maintains that formal chain of legal title by linking the new deed to the last recorded one. List details from the previous deed—such as book number, page number, and document number, as well as the relevant county/state.
The Easement Section: Can a Grantor Reserve Certain Ownership Rights?
As a grantor, you may find some comfort in knowing that you don’t have to sell or transfer all your ownership rights at once.
Use this section to reserve your legal rights to use, access or otherwise benefit from the property even after selling it to the grantee. Such stipulations, if part of a deed, are called easements. Think of them as legal permissions to use certain features of the property even after the deed is signed—such as mineral or water rights, parking spaces, etc.
The following easements are part of our template by default:
Rights to natural resources
Owning a piece of land doesn’t always mean owning what’s beneath it. Check this box if you only mean to transfer surface rights (say, growing crops or building ground structures) while keeping the legal authority to explore, drill, or mine anything under the ground—such as oil, gas, minerals, metals, or even underground water.
Water & Ditch Rights
Water and ditch rights are singled out by default. Since most ditches contain water, you might be wondering where the difference lies between the two.
- Water rights are the permission to use water directly from a source (well, stream, pond).
Example: You own a home with a private well used for household water or livestock. You sell the property but reserve the rights to draw a certain amount of water annually for agricultural use on a nearby farm you own.
- Ditch rights are the permission to access a man-made water channel that crosses the land.
Example: You are selling part of a large farm irrigated by a shared ditch running across the property. You may want to keep using that ditch to water crops on your remaining land.
Additionally, ditch rights may also extend to shared upkeep and maintenance of a shared ditch. Each owner must maintain their portion. When a property is sold with full rights, the buyer automatically assumes the shared maintenance obligation.
Not the easement(s) you were looking for?
Don’t worry. If you want to claim or reserve a right not listed, simply check the ‘Other’ option and specify whatever rights you mean to NOT sell or transfer to the grantee.
One common example of an easement when it comes to residential properties is ‘right-of-way’. Let’s say, both parties live on the same or conjoined properties; then the original property owners may want to retain access to a shared driveway, garage, or parking space.
Other appurtenant rights
Appurtenant rights are any rights that “run with the land” — meaning they stay attached to the property through each sale, such as..
- if the transaction is not a commercial sale? Say, you are gifting the property to a loved one or trading it in for another piece of land or financial asset? Maybe you’re just feeling generous and want to donate to a charity. Do you still have to include this section?
- Technically, yes. But you can simply add a nominal token payment. In most states, a $10.00 amount is used. These amounts are not meant to reflect market value—they’re legal placeholders showing that something of monetary value was exchanged, even if it’s purely symbolic.
Check the last box if full rights are being transferred, and the grantor is keeping no ownership rights or special permits for themselves.
Warranties
This is the heart of a general warranty deed, as it clearly spells out the legal warranties, assurances, or promises made by the seller in regards to the property.
Often called ‘covenants of title,’ these warranties are included in our template:
- Convent of Siesen: The grantor has a good title and valid ownership rights to the property
- Covenant of Defense: Any future claim to the title of the property shall be handled by the grantor, who shall compensate the grantee, if need be
- Covenant of Warranty: There are no debts, clients or other encumbrances connected to the property. If any come up in the future, they must be paid by the grantor
- The grantor hasn’t sold or transferred the property to anyone else
- The grantor confirms that the property being sold is the one described in the deed
- In case of a joint title, the deed specifies the exact portion of the interest being sold or transferred to the grantee
What if I am Married? Spousal Rights & Consent
Use this part only if a married person (the Grantor) is selling or transferring property. Even if the property is only in one spouse’s name, the other spouse may have legal or marital rights to it under certain state laws. So you’ll need a carefully phrased legal statement guaranteeing that the spouse has been fully informed of the transaction or sale.
This section acts as a waiver of any future legal interest or right that the other spouse may have to the property in question, whether by reason of dower, elective share, or any other statutory marital right.
Making a Deed Part of the Public Record
Recording is the process of submitting the original (signed and notarized) deed document to the county recorder’s office—sometimes called the register of deeds or land records office. The goal here is to notify the state that ownership rights have transferred from one party to another.
‘Recording Prepared By’ section
This section directs you to the particular office or official responsible for creating a public record of your sale or transfer. Until a deed is made part of the public record, the new owner may not be fully protected against third parties. Once a property is officially re-registered, everyone is treated as having constructive notice that ownership has changed.
“Return To” section
Wondering who gets to keep the original deed? This section instructs the recorder on where to mail the original after recording, typically to the buyer, the buyer’s attorney, or the lender. Once stamped and imaged, the original deed document is sent to the address listed here – so make sure you add the right postal address/zipcode to avoid delays or mishaps.
‘Mail Tax Statement To’ section
Specify where the county office must send future property tax bills and assessment notices once the deed is recorded. Your local government needs to know who the new owner is and where to send the annual property tax statements. From this point on, all tax bills, valuation notices, and assessments are sent here, addressing the full name of the person or entity responsible for paying taxes.
What’s a parcel number?
Think of it as a property’s footprint. Find it listed on the property’s tax statement. But if you can’t locate the parcel number (or don’t want to), you can call or visit the relevant taxing authority in the city or county where the property is located.
Make sure to double-check with registration authorities and enter this number carefully to avoid human errors or unnecessary delays. This is because each part of the number may represent a subdivision, block, and individual lot, helping assessors and recorders locate it precisely on official records.
Sign, Verify & Notarize
To make it legally valid, the grantor must sign the document. Like most legal documents, a deed must be notarized once it’s signed. Notarization involves a Notary Public (someone authorized by the court to verify signatures), who adds their stamp and signature and keeps a note of the notarization in their official logbook. This helps if the original deed is lost or destroyed, and the owner has to prove the existence of the document to assert their rights or prove that the sale or transfer occurred.
Witness Signatures
Depending on where the property is located, you may need to have the deed signed by one or two witnesses. This step adds an extra level of security to the transaction, making it harder to dispute in legal proceedings.
Witness requirements vary by state. In Florida, deeds have to be signed in front of two witnesses, while in New York State, there is no need for a witness to sign the deed document at all. Check local laws to determine the requirements applicable to your transaction.
Legal & Practical Significance of a General Warranty Deed
General warranty deeds are most helpful when the seller is a stranger to you and when you are not sure about the ownership history or chain of title.
A General Warranty Deed protects the rights & interests of new owners in several ways:
- Confirms the grantor has the legal right to sell the property in question
- Verifies that the property being sold is the one described in the deed
- Reduces the chances of fraudulent property sales or transfers
- Creates and maintains a clear paper trail of the chain of title
- Assures that the property comes without encumbrances (except those blatantly disclosed by the grantor)
What’s a Title Search?
A process through which a title insurance company (or sometimes, an attorney or real estate agent) conducts a complete background check of the property before it is sold, conveyed, or transferred to a new buyer.
A timely search conducted in good faith should tell you if there are any defects affecting the title, and if the property is free from encumbrances, such as unpaid taxes, ongoing mortgages, outstanding liens, etc.
When Do Buyers Need a General Warranty Deed?
Once signed, the grantee presents the general warranty deed at the County Clerk’s Office for registration. The buyer may also need it when applying for a mortgage or insurance as evidence of a clear title before benefiting from whatever equity they have in the property.
Can I be the Grantor and Grantee at once?
While it sounds odd, a single individual (or a legal entity) can be both the grantor and the grantee of the same property. Consider, for example, a father who wants to share half of his title in the home with his son. He then becomes the grantor and the grantee, with the son being the other grantee.
Final Thoughts
To sum up, a general warranty deed is the perfect real estate solution for buyers who want to make sure that the property is free from any title defects, past liens, mortgages, or other encumbrances. This deed comes with the full guarantee that the seller holds a clear title and that there will be no future claims against the property’s ownership, even from the time of prior ownership.
In short, this is the document you’ll want to see and sign before closing, as it finalizes the transaction, making it a matter of public record, and ensuring the transfer is both legally sound and secure.
